Bourbon City Zoning Code
NON-CONFORMING USE
SPECIFICATIONS
§ 154.115 CONTINUATION THEREOF AND RECONSTRUCTION.
The lawful use of a building or premises, existing at the time of passage of this chapter, may be continued, although such use does not conform to all the provisions of this chapter, except as in hereafter provided.
(Prior Code, § 8.5.1)
§ 154.116 EXTENSION.
A non-conforming use may be extended throughout a building, provided no structural alterations are made therein, except those required by law.
(Prior Code, § 8.5.1)
§ 154.117 CHANGE.
(A) A non-conforming use may be changed to another non-conforming use of the same or greater restrictions, provided no structural changes are made in the building.
(B) Whenever a non-conforming use has been changed to a conforming use or to a use permitted in a District of greater restrictions, it shall not thereafter be changed to a non-conforming use or a less restricted one.
(Prior Code, § 8.5.1) Penalty, see § 154.999
§ 154.118 ERECTION AND RE-ERECTION OF BUILDINGS.
(A) No building shall be erected upon any premises devoted to a non-conforming use, and no building located upon any such premises, which has been damaged by fire or other causes, to the extent of more than 75% of its appraised valuation.
(B) A building devoted to a non-conforming use which has been damaged by fire or other causes to the extent less than 75% of its appraised valuation must be reconstructed within a period not to exceed 12 months in order to continue to use such a building devoted to a non-conforming use.
(Prior Code, § 8.5.1) Penalty, see § 154.999
§ 154.119 TEMPORARY PERMITS.
The Board of Zoning Appeals may authorize, by written permit in a Residential District for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said District.
(Prior Code, § 8.5.1)
§ 154.120 RIGHT TO CONSTRUCT IF PERMIT ISSUED.
Nothing herein shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of such permit, and which the entire building shall be completed according to such plans, as filed within three years from the date of passage of this chapter.
(Prior Code, § 8.5.1)
§ 154.121 USE TO CONFORM AFTER DISCONTINUANCE.
In the event that a non-conforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the uses permitted in the District in which it is located.
(Prior Code, § 8.5.1)
§ 154.122 DISCONTINUANCE OF NON-CONFORMING USE OF LAND.
The lawful use of land for junk yards and open storage purposes, which does not conform to the provisions of this chapter, shall be discontinued within two years of written notification by the Plan Commission, and the use of land for storage purposes, which may become a non-conforming use by reason of an amendment to this chapter, shall be discontinued with two years of written notification by the Plan Commission.
(Prior Code, § 8.5.1)
§ 154.123 DISCONTINUANCE OF NON-CONFORMING USE CREATED BY AMENDMENT.
These provisions apply in the same manner to a use which may be become a non-conforming use due to a later amendment to this chapter.
(Prior Code, § 8.5.1)